Sixth State Reform

In this section, master students of the Advanced Study of Constitutional Law (UGent) have intensively worked together with blog editors J. Goossens and P. Cannoot in order to provide an overview of Belgium’s Sixth State Reform (2012-2014). In six posts, the following subjects will be analysed: 1° the ‘trick’ with the constitutional amendment procedure in article 195 of the Constitution, 2° the split-up of the electoral and judicial district Brussels-Halle-Vilvoorde in an historical compromise, 3° the reform of the Senate, 4° the reform of the Special Finance Act and the substantial increase of fiscal autonomy for the Regions, 5° the division of powers between the federal level, the Regions and Communities, 6° the future of Brussels.

The Sixth State Reform led to the creation of a new Belgian Senate, the so-called Butterfly Senate, characterised by a new composition and more limited powers. Above all, the Senate needs to function as a chamber of the federated states: a place where the Belgian communities and regions can meet. A critical reading of the most essential provisions on the Senate – articles 56, 67, 68 of the Belgian Constitution – leads to the understanding that the chamber is adequately designed from a legal point of view. Unfortunately, this reform was the result of a typical Belgian compromise. A lack of political consensus prevented the Senate to be completely transformed into a fully-fledged chamber of the federated states. The unsatisfactory result of this reform caused politicians to propose innovative alternatives for the Senate, already one year after its resurrection. What will happen now? Will the Senate remain as it is or are we facing the winds of change? Will the Senate be restored in its former glory, or should it be abolished after all? In addition to the political debate and whether these proposals could be a solution, we will also examine their constitutional framework.

'Belgian federalism after the sixth state reform' highlights the most important institutional evolutions of Belgian federalism stemming from the implementation of the sixth state reform (2012-2014). This reform inter alia included a transfer of powers worth 20 billion euros from the federal level to the level of the federated states, a profound reform of the Senate, and a substantial increase in fiscal autonomy for the regions. This contribution critically analyses the current state of Belgian federalism. Although the sixth state reform realized important and long-awaited changes, further evolutions are to be expected. Since the Belgian state model has reached its limits with regard to complexity and creativity, politicians and academics should begin to reflect on the seventh state reform with the aim of increasing the transparency of the current Belgian institutional labyrinth.

It has taken 541 days to reach an agreement on the sixth Belgian state reform, which is currently being implemented. In order to round off BelConLawBlog's overview of the sixth state reform, we will inquire how Belgian (con)federalism could evolve in the future. In a unique double interview, Johan Vande Lanotte and Stefan Sottiaux develop their view on this subject. Johan Vande Lanotte is Minister of State, member of the Chamber of Representatives, and professor of Constitutional Law at Ghent University. He was involved in the negotiations of the most recent state reforms. In his paper 'De Belgische Unie bestaat uit vier deelstaten'[The Belgian Union consists of four states] he has outlined a model for Belgium’s institutional future. Stefan Sottiaux is professor of Constitutional Law and Administrative Law at the KU Leuven Kulak. In his book 'De Verenigde Staten van België'[The United States of Belgium], he reflects on the future of Belgium and constitutional law in the multi-level legal order. Hereafter, a concise summary of the video-interview will be provided, through a non-literal translation.

“After the sixth state reform, Brussels has become more than a full-fledged region. One could now call Brussels a 'super-Region' or 'Region-Community’.”

“Citizens are increasingly convinced of the idea that the inhabitants of Brussels form a group which should govern Brussels without interference from the Flemish and French Community.”

The Brussels-Capital Region has acquired many powers in the sixth state reform. Although Flemish politicians often suggest to combine transfer of powers and additional financial means for this region with an internal institutional reform of Brussels, a simplification has again not been achieved. Brussels remains a tangle of many institutions, so that a thorough structural reform is still necessary. Theoretically, several evolutions are conceivable in the future, but how does Brussels evolvein reality?

“The sixth state reform adds additional complexity to the Belgian institutional structure and distribution of powers. It is, therefore, time to question the distinction between communities and regions. A new state structure based on one type of federated states, similar to other federal countries like Germany, Switzerland and the U.S., would substantially contribute to more transparency.”

Alea iacta est. On 6 December2011, 541 days after the elections and with the world record of government formation, the government of Prime Minister Di Rupo took the oath. Negotiations of almost a year and a half had led to the so-called “Butterfly Agreement” on the sixth state reform. This agreement mainly laid the foundations for a transfer of powers worth 20 billion euros from the federal level to the federated states (regions and communities). Now that the agreement has been converted into legislation and is being implemented on the level of the states, it is the right moment to take a closer look at the transfer of powers.

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